A responsive sanction to promote systematic compliance? Enforceable undertakings in occupational health and safety regulation

This article examines the use of enforceable undertakings in Australian occupational health and safety (OHS) regulation. Enforceable undertakings are promises by persons alleged to have breached their regulatory obligations to do something, which if not done, is enforceable in court. Enforceable undertakings potentially have an important responsive and restorative role to play in a regulatory enforcement strategy to ensure compliance with OHS statutes, and have been used in other areas of business regulation, including trade practices, financial, prudential, consumer, civil aviation, environmental and communications and media regulation. The article then reports on a study of the operation of enforceable undertakings in Queensland to enforce compliance with OHS obligations. We conclude that this early experience of enforceable undertakings in Queensland provides useful guidance as to how the enforceable undertaking provisions might best be implemented elsewhere, and preliminary evidence of the complexities of their likely effectiveness in OHS regulation.

Effects of supervision on tax compliance : evidence from a field experiment in Austria

We conduct a field experiment on tax compliance, focusing on newly founded firms. As a novelty the effect of tax authorities’ supervision on timely tax payments is examined. Interestingly, results show no positive overall effect of close supervision on tax compliance.

Competitive advantage through safety compliance : smaller firm responses to changes in the Australian occupational health and safety regulatory context

Smaller firms are often viewed as resistant to regulation due to cost burdens. However, evidence indicates that for some compliance is beneficial under certain conditions. Drawing on data on attitudes and responses of smaller firm owner-managers to changes in Australia’s harmonising work health and safety context we report on smaller firms’ responses to these changes. Despite uncertainty due to incomplete harmonisation, many owner-managers viewed safety compliance as important and necessary to do business. Those with negative views still linked positive safety performance to business outcomes. We categorise smaller firms’ responses and in this sample most are Positive Responders. We suggest ways forward for policy-makers to support smaller firms in complying with occupational health and safety regulation.

Social Compliance Accounting : Managing Legitimacy in Global Supply Chains

This book covers key discussions involving major US and European multinational companies (MNCs) that source products from suppliers in developing countries. Due to the transfer of production from developed to developing nations, there is an urgent need to establish social compliance as a new form of Corporate Social Responsibility (CSR) and a means by which MNCs can meet expected social standards. The cases described are internationally relevant and can be seen to reflect or represent the behavior of many MNCs and their suppliers in developing nations. The discussion offers essential insights into how different levels of social compliance risk and pressure (including broader stakeholder concerns) move managers to adopt or embrace particular social compliance accounting, reporting and auditing strategies. The book will help readers to understand the major concerns, challenges and dilemmas faced by management in the supply chains of MNCs, and proposes measures that can be taken to resolve those dilemmas. Most importantly, it develops a systematic method of assessing the social compliance performance of suppliers to MNCs. This includes highly detailed accounts of the social compliance performance of suppliers within the clothing industry (in a developing nation) that supply goods to the extensive US and European markets. The book offers a valuable guide, not only for corporate managers but also for practitioners, researchers, academics, and undergraduate and postgraduate business students.

The role of time pressure and different psychological safety climate referents in the prediction of nurses’ hand hygiene compliance

In this study of 638 Australian nurses, compliance to hand hygiene (HH), as defined by the “five moments” recommended by the World Health Organisation (2009), was examined. Hypotheses focused on the extent to which time pressure reduces compliance and safety climate (operationalised in relation to HH using colleagues, manager, and hospital as referents) increases compliance. It also was proposed that HH climate would interact with time pressure, such that the negative effects of time pressure would be less marked when HH climate is high. The extent to which the three HH climate variables would interact among each other, either in the form of boosting or compensatory effects, was tested in an exploratory manner. A prospective research design was used in which time pressure and the HH climate variables were assessed at Time 1 and compliance was assessed by self-report two weeks later. Compliance was high but varied significantly across the 5 HH Moments, suggesting that nurses make distinctions between inherent and elective HH and also seemed to engage in some implicit rationing of HH. Time pressure dominated the utility of HH climate to have its positive impact on compliance. The most conducive workplace for compliance was one low in time pressure and high in HH climate. Colleagues were very influential in determining compliance, more so than the manager and hospital. Manager and hospital support for HH enhanced the positive effects of colleagues on compliance. Providing training and enhancing knowledge was important, not just for compliance, but for safety climate.

Traffic behaviour and compliance with the law in low and middle income countries: are we observing "pragmatic driving"?

A common theme in many accounts of road safety and road use in low and middle income countries is a widespread lack of compliance with traffic laws and related legislation. A key element of the success of road crash prevention strategies in high income countries has been the achievement of safer road user behaviour through compliance with traffic laws. Deterrence-based approaches such as speed cameras and random breath testing, which rely on drivers making an assessment that they are likely to be caught if they offend, have been very effective in this regard. However, the long term success of (for example) drink driving legislation has been supported by drivers adopting a moral approach to compliance rather than relying solely on the intensity of police operations. For low and middle income countries such morally based compliance is important, since levels of police resourcing are typically much lower than in Western countries. In the absence of morally based compliance, it is arguable that the patterns of behaviours observed in low and middle income countries can be described as "pragmatic driving": compliance only when there is a high chance of being detected and fined, or where a crash might occur. The potential characteristics of pragmatic driving in the macro-, meso- and micro-context of driving and the enforcement approach that could address it are outlined, with reference to the limited existing information available.

Uncertainty in length measurements of live coral trout: implications for compliance and enforcement of minimum legal size limits.

Report on evidence of shrinkage of live coral trout during professional fishing operations on the Great Barrier Reef in 2000. Excel data includes the following fields: Column A. Fish (fish number from 1 -24) Column B. Bin (1-8, container the fish was held in during the experiment) Column C. Measure (1-7, number of the measurement of each fish) Column D. Observer (1 or 2, making the measurement) Column E. Time 2 Column F. Time (time of the day the measurement was made) Column G. FL (Fork Length) Column H. TL (Total Length) Column I. Difference (difference in length between measures) Column J. Order Column K. Temperature (surface water temp under the boat)

The real area of contact and compliance of rough cylinders in compression

Bearing area analysis has been used to study the real area of contact and compliance of rough turned steel cylinders in compression. Calculations show that the elastic real area of contact is very small compared to the plastic real area of contact, and that local compliance due to flattening of asperity tips is a small proportion of the total compliance obtained from experiments. The fact that increased load brings more and more new asperities under load rather than enlarging the contact spots leads to a rather simple load-compliance relation for a rough cylinder, viz., W' = Nh · K1δn, where W0 = K1δn defines the load-compliance relation of the individual asperities, and Nh represents the number of asperities bearing the load.

real area of contact and compliance of rough cylinders in compression

Bearing area analysis has been used to study the real area of contact and compliance of rough turned steel cylinders in compression. Calculations show that the elastic real area of contact is very small compared to the plastic real area of contact, and that local compliance due to flattening of asperity tips is a small proportion of the total compliance obtained from experiments. The fact that increased load brings more and more new asperities under load rather than enlarging the contact spots leads to a rather simple load-compliance relation for a rough cylinder, viz., W' = Nh · K1δn, where W0 = K1δn defines the load-compliance relation of the individual asperities, and Nh represents the number of asperities bearing the load.

Juggling priorities: Balancing economic and social drivers to address the LLN needs of students in the VET sector

Economic success, and a commitment to the social benefits of inclusive training opportunities are important goals for public vocational education and training (VET). Currently, in Australia, VET policy is a shared responsibility between the Commonwealth and the States and Territories. Priorities for investment are juggled between: a) improving efficiency and responsiveness; and b) providing societal prosperity. Amid recent VET educational reforms and policy directives the authors of this paper undertook a pilot study examining language, literacy and numeracy support and inclusive teaching and learning practices in a Diploma of Nursing course. The data highlighted implications arising from new market driven education reforms. This article reports on identified factors that influenced inclusive learning opportunities, noticeably associated with two recent policy developments: the release of the FSK Foundation Skills Training Package (IBSA 2014); and the Queensland's Higher Skills Program Policy 2014-15.

Compliance of rough cylinders in compression

Compression of a rough turned cylinder between two hard, smooth, flat plates has been analysed with the aid of a mathematical model based on statistical analysis. It is assumed that the asperity peak heights follow Gaussian or normal and beta distribution functions and that the loaded asperities comply as though they are completely isolated from the neighbouring ones. Equations have been developed for the loadcompliance relation of the real surface using a simplified relation of the form W0 = K1δn for the load-compliance of a single asperity. Parameters K1 and n have considerable influence on the load-compliance curve and they depend on the material, tip angle of the asperity, standard deviation of the asperity peak height distribution and the density of the asperities.

A note on the effect of wall compliance on lowest?order mode propagation in fluid?filled/submerged impedance tubes

Wave propagation in fluid?filled/submerged tubes is of interest in large HVAC ducts, and also in understanding and interpreting the experimental results obtained from fluid?filled impedance tubes. Based on the closed form analytical solution of the coupled wave equations, an eigenequation, which is the determinant of an 8×8 matrix, is derived and solved to obtain the axial wave number of the lowest?order longitudinal modes for cylindrical ducts of various diameter and wall thickness. The dispersion behavior of the wave motion is analyzed. It is observed that the larger the diameter of the duct and/or the smaller its wall thickness, the more flexible the impedance tube leading to more coupling between the waves in the elastic media. Also, it is shown that the wave motion in water?filled ducts submerged in water exhibits anomalous dispersion behavior. The axial attenuation characteristics of plane waves along water?filled tubes submerged in water or air are also investigated. Finally, investigations on the sound intensity level difference characteristics of the wall of the air?filled tubes are reported.

Compliance Program report of findings: FY 79 pesticides and metals in Fish Program (7305.007)

Because fish bioaccumulate* certain chemicals, levels of chemical contaminants in their edible portion must be closely monitored. In recent years, FDA has conducted several surveys designed to determine the occurrence and levels of selected chemicals or groups of chemicals in fish. Previous fish surveillance programs included the Mercury in Wholesale Fish Survey (FY 71), the FY 73 and 74 Comprehensive Fish Surveys, the Canned Tuna Program (FY 75), the Kepone and Mirex Contamination Program (FY 77), and the FY 77 Mercury in Swordfish Program. In addition, recent Compliance Programs for Pesticides and Metals in Foods and Pesticides, Metals, and Industrial Chemicals in Animal Feed have specified coverage of fish and fish products. Because of previous findings and the sustained high level of fish imported into the United States, a separate compliance program dealing solely with chemical contaminants in fish was initiated by the FDA Bureau of Foods in FY 78. The program includes all domestic and imported fish coverage except that directed by the Bureau of Veterinary Medicine for animal feed components derived from fishery products. The earlier surveys indicated that "bottom feeder" species such as catfish generally had the highest levels of pesticides and polychlorinated biphenyls (PCBs). For this reason, coverage at these species has been emphasized. Similarly, tuna has received special attention because it is the most prevalent fish in the U.S. diet and because of potential problems with mercury. Halibut, swordfish, and snapper also were emphasized in the sampling because of potential problems with mercury levels determined in previous years. The findings in this program were used in detecting emerging problems in fish and directing FDA efforts to deal with them. Care must be exercised in drawing conclusions about trends from the data because this Compliance Program was not statistically designed. Sampling objectives and sources may vary from year to year; thus the results are not directly comparable.